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IISL Newsletter - November 2022 - IAC Wrap-up

Contents 
 
  • A Note from the Executive Secretary
  • IISL General Assembly
  • News and Announcements
  • IISL at the IAC
  • 2022 Moot Court World Finals
  • IISL, IAA and IAF Conclude Major Report on STM
  • Member News
A Note from the Executive Secretary

The IISL was very active at this year's International Astronautical Congress in Paris.  We are dedicating this email to sharing all the news and happenings from that event with you .  The IISL's annual Colloquium on the Law of Outer Space is the highlight of yearly activities, and this year's Colloquium was full of excellent research from our members as well as the broader space law community.  IISL's activities at the IAC are not limited to the Colloquium, so we take this opportunity to share with you the engagement by IISL members across the IAC.  We hope you enjoy it!
IISL General Assembly
 
A reminder that the IISL General Assembly will be held virtually this Saturday, 12 November at 13:00 UTC.  Members in good standing should have received a link via email.  Connection details and the documents for the General Assembly are also available in the Members Area of the IISL website: https://members.iislweb.space/general-assembly-information/

If you have not received an email and are unable to access the members area, then please reach out to the Executive Secretary at secretary@iisl.space as soon as possible and these details will be shared with you. 

NEWS and ANNOUNCEMENTS 

 
2023 Moot Court Problem Released
The 2023 Problem was released on 24 August 2022. This year’s case is ARGYLIAM vs KOLIGIAN and the case concerns the use of lasers and other anti-satellite weapons in outer space.  The case and registration information are available on the 2023 Competition Page: https://www.mootcourt.iislweb.space/2023-moot-court-competition/
Next IISL Happy Hour

Dear IISL members,
We will have a next IISL Happy Hour on 18 November 2022, 16:00-17:00 CET.

The theme is the review of IAC. IAC-22 was held 18-24 September in Paris. Many of us, IISL members attended IAC and involved with various activities including especially making a presentation and/or exchanging views at the IISL Colloquium. Two months having passed since the IAC-22, it seems high time we reviewed the IAC-22 through members perspectives, lessons learned, prospects for the future IISL under the changing IAC environment, constructive proposals, etc. We need a good strategy for the prosperity of the IISL. Members who did not attend the IAC-22 are also equally or more strongly recommended to join the next IISL Happy Hour as you can get precious information from your colleagues and friends. we will freely discuss with a drink in our hand, which is fit for the Friday Happy Hour.

Connection Details will be made available to members.
 
Get Involved!
Would you like to be more involved in the work of the IISL?  We currently have several opportunities for which you can apply.  Please send a motivation specifying which position you would like to apply for detailing why you are the right person to the job.  Letters of interest can be sent to secretary@iisl.space before 15 November.  Open opportunities include:
  • Assistant Executive Secretary
  • Assistant Treasurer
  • Member of Ad Hoc Committee to Revise the IISL Statutes and Bylaws 
 

 

Call for contributions - IISL Space Law Knowledge Constellation
The International Institute of Space Law invites contributions on space law-related topics. Click here to discover all the topics: https://constellation.iislweb.space/contributions/

We would be delighted if you agree to contribute to the IISL KC project with your expert contribution of up to 400 words (your original thoughts and views only) or / and non-traditional contribution (infographic, video, scheme etc.).   You could send us what is the most convenient for you: only a text, only an infographic, only a video, or combined, text and/or infographic and/or video.
 
Proceedings of the IISL 2020

The Proceedings of the International Institute of Space Law 2020 is now available from Eleven International.

An IISL members’ 40% discount is available for proceedings bought from Eleven. Members can receive their discount by contacting the publisher, Eleven International Publishing, at klantenservice@boomdenhaag.nl.
IISL at the International Astronautical Congress
 
The IISL had successful engagement at the International Astronautical Congress and hosted a full slate of events.  Below is a round up of all the news from the IAC.
 
IISL Thanks the University of Nebraska

The University of Nebraska Space, Cyber, and Telecommunications Law Program was proud to sponsor the International Institute of Space Law Manfred Lachs Moot Court Finals and the Annual Awards Banquet during the 2022 International Astronautical Congress in Paris. Nebraska’s faculty and leadership have been long time members and supporters of IISL and appreciate the importance of the international space law community.

The Nebraska Law program bridges law, technology, and global security — and has done so for over a decade. Nebraska students develop the skills they will need to solve problems now and into the future by exploring the laws and regulations that impact every satellite, phone call, and online interaction. You can learn more about Nebraska’s program, conferences, and curriculum at http://law.unl.edu/spacecyberlaw and keep up with the program on Twitter: @spacecyberlaw .

University of Nebraska College of Law, the Space, Cyber, and Telecommunications Law Program
IISL Colloquium Nandasiri Jasentuliyana Young Scholars Session

For fourteen years, the IISL Colloquium has been starting with the Nandasiri Jasentuliyana Young Scholars Session, where a specialist on space law provides a keynote lecture. This year, Prof. Armel Kerrest, an exceptional space law professor, gave this highlight lecture. Prof. Kerrest was followed by the presentations of young speakers. The session chairs were IISL Vice-President Setsuko Aoki and IISL member Jean-Philippe Clerc.

The Young Scholar Session again covered a broad spectrum of fascinating topics, such as Chinese space activities, definition of space debris, contribution of Chilean legislation to space law, legal considerations arising from on-orbit servicing and spaceflight accident investigation. Each young speaker received a certificate of participation. As member of the Young Scholars Fund Committee, Director Mejía-Kaiser organized the delivery of certificates. 

These young speakers demonstrated this year again the high quality of research of the next generation of space lawyers. We are delighted we had these talented young minds joining the IISL Colloquium.
 
The Participants of the IISL Young Scholars Session.
From left to right: Session Co-chairs Jean-Philippe Clerc and IISL Vice-President Setsuko Aoki, young scholars Xiaodao Li and Andrea Capurso, Armel Kerrest, young scholars Isi Casas del Valle Pacheco, Laura Cummings and Ramzi Masri-Elyafaoui, IISL Director Martha Mejía-Kaiser and IISL President Kai-Uwe Schrogl.

Armel Kerrest gives the Highlight Lecture
IISL Board of Directors Meeting

The IISL Board of Directors held their Fall meeting at the IAC in Paris.  The meeting was successful and the Board took a number of important decisions including the election of new members.  the Board will meet again in the Spring.
 
IISL Board of Directors meeting.

 
 
IISL Awards
 

The IISL Awards Dinner is an annual celebration of the excellent work in the field of space law done by members of the IISL.  Specifically, it is an opportunity to recognize members with a variety of awards that acknowledge their hard work and dedication to the Institute and the broader space law community.  This year’s event was held in Paris, France on 21 September 2022 as part of the International Astronautical Congress 2022, and was sponsored by the University of Nebraska Program in Space, Cyber, and Telecommunications Law.  The Institute was pleased to recognize the following awardees:

  • Diederiks-Verschoor Award – Antonino Salmeri
  • IISL Certificate of Gratitude – Lulekwa (Lulu) Makapela
  • IISL Space Law Young Achiever Award – Deepika Jeyakodi
  • IISL Distinguished Service Award – Melissa K Force
  • IISL Lifetime Achievement Award – Steven Freeland
CONGRATULATIONS!

Award Winners
DV Award Winner

IISL Special Event with Member of European Parliament Niklas Nienaß


The International Institute of Space Law (IISL) had the pleasure to host the Special Event “Towards European Space Legislation” on 20 September 2022. IISL President Kai-Uwe Schrogl introduced the Session and welcomed special guest Member of European Parliament Niklas Nienaß, who presented the concept for a European approach to regulating space activities.

The goal of the underlying initiative, which is rooted in a report prepared by IISL Members, is to take an international approach to space regulation considering that space is a global common and thus concerns the international community as a whole. It shall also prepare the EU as an actor, meeting international legal obligations as well as to provide a sound legal and regulatory environment throughout the EU for meeting the aspirations in the space policy, economy, industry, programmes, applications, services and uses. For this purpose, Nienaß explained, the specific responsibilities of its Member States in this field as State Parties to the international treaties shall be taken into account. To achieve these goals, he aims to use a five-step approach.

During the following Q&A session, the audience requested clarification as concerns the compliance of the proposal with Article 189 TFEU and was curious to know if a change of that legal provision is intended. Niklas Nienaß clarified that from a legal perspective a complex and multi-year process of changing the provision would be required. In view of the rapid changes of the outer space environment and related challenges a political approach, such as the one proposed under the initiative, is considered preferable in his point of view as it would facilitate faster developments.

Member of European Parliament Niklas Nienaß and IISL President Kai Uwe Schrogl

Interactive Presentation Session:
IISL Board Member Elina Morozova wins IAC 2022 Interactive Presentation Award on Space and Society

 
On September 21, IISL Board Member Elina Morozova (Intersputnik) won the IAC 2022 Interactive Presentation Award on Space and Society (Category E) with her paper titled: “On the 55th Anniversary of the Rescue Agreement: the drafting history and contribution to strengthening international cooperation”. The author provided an expert review of the Rescue Agreement, identifying main drafting features while also addressing current challenges.
 
Olavo Bittencourt Neto, Elina Morozova, and Kai Uwe Schrogl

The Interactive Presentations Session is a dynamic forum among presenters and the audience and highly interactive, allowing authors and participants to engage in in-depth discussions about the presented work from which new collaborations, ideas, and solutions can emerge.

The IISL presentations on that day were attended by the full IISL Board Members, which adjourned its meeting taking place in parallel, to follow the event.
 


Elina Morozova Presenting in the IP Session.

 

At IAC 2022, the Interactive Presentations Session also hosted the winner of this year’s IISL Diederiks-Verschoor Award, the paper titled  “The Multi-Level System of Space Mining: Regulatory Aspects and Enforcement Options”, by Antonino Salmeri (University of Luxembourg).
 

IP Session Co-Coordinator Chris Johnson

IISL Special event at IAC 2022: NASA-CSA-IISL special event on Update on the Artemis Accords

During IAC 2022 in Paris, IISL in cooperation with NASA and CSA hosted a special event on an update on the Artemis Accords. The event was moderated by IISL President Kai-Uwe Schrogl and hosted in the IISL meeting room at the Paris Convention Centre. It featured a panel discussion about the future of the Artemis Accords and lunar exploration. The following panelists took part:

• NASA perspective: Gabriel Swiney, NASA
• CSA perspective: Eleonora Agnew, CSA
• European perspective: Marco Ferrazzani, ESA
• Academic perspective: Tanja Masson-Zwaan, Leiden University
• Emerging space perspective: Ruvimbo Samanga, Access Partnership

The presentations by the panelists were followed by Q&A from the audience. The remarks and discussion focused on how to implement measures to ensure sustainability, safety, and peaceful exploration of the Moon, in terms of both normative efforts like the Accords, and also more operational issues, such as how to ensure all actors are able to access desirable areas of the lunar surface such as the south polar region. The panelists also discussed how to ensure that lunar exploration benefits all nations and how cooperative efforts from around the world can coordinate with each other.

Artemis Accords Special Event Panel

IISL President presents at IAC 2022 on protecting the farside of the Moon

IISL President Kai-Uwe Schrogl took part in the International Astronautical Congress (IAC) 2022 in Paris – amongst other activities – by giving a presentation on “How space law can help protecting the Moon Farside for Scientific Research”. The presentation was part of an IAA special session at IAC 2022 entitled “Protecting the Moon Farside for Scientific Research is Urgent” on 22 September 2022. The presentation slides are available at: https://iisl.space/wp-content/uploads/2022/09/220922-IAA-Moon-Far-Side-Protection-Schrogl.pdf

Presentation Slide
 
IISL and WIA

IISL President Kai Uwe Schrogl spoke at the Women in Aerospace Europe Meet and Greet at the IAC.  This continues a history of cooperation and support between IISL and WIA.  

Presdent Schrogl at the WIA Meet and Greet
 
Moot Court World Finals
 
The Manfred Lachs Space Law Moot Court Committee, chaired by Skip Smith and chairman-elect, Steven Freeland, and co-chairs Les Tennen, Alex Soucek, Isa Villageorgi and Melissa Force, provide the following report on the activities of the 31st Annual Manfred Lachs Space Law Moot Court Competition. 
The 2022 World Finals Participants with the judges of the ICJ

This year, 67 teams among five regions competed arguing a case authored by Sylvia Ospina and Yun Zhao, entitled, the Case Concerning Registration and Damages Involving Objects Manufactured in Space.  The problem featured two small nations, Candidia and Xenovia, both with growing space sector activities, using many new technologies, such as 3-D printers and Artificial Intelligence, to manufacture space objects in outer space. Candidia’s “Valerian 806” satellite was part of a mega-satellite constellation, manufactured in space and deployed to low Earth orbit from the “Pacem” space station. Valerian’s owners defaulted on payments due. The creditor contracted for the Fenix-3 satellite, registered in Xenovia, to take possession of Valerian 806 and to relocate it to another orbit. In the process of taking possession, both the Valerian 806 and Fenix-3 satellites were destroyed in an explosion. Most of the fragments burned up in the atmosphere but some pieces survived atmospheric re-entry. Tragically, one large fragment of the Fenix-3 satellite struck a cargo plane of the Candidia military in flight, which crashed into the ocean killing all nine persons on board. Unable to reach a resolution to their dispute by diplomatic means, both Parties submitted their claims for compensation for damages to the International Court of Justice for adjudication.

This was the second successful competition of our new regional round, Latin America, which took place on in-person in Punta Cana, Dominican Republic on May 11-12, 2022.  Out of the 10 teams that had initially registered, 6 competed in the oral finals, including Pontifical Catholic University of Chile, Universidad Nacional Autonoma de Mexico, Monterrey TEC (Mexico), Catholic University of Colombia, Unisantos (Brazil) and Universidad Peruana de Ciencias (Peru).  Preliminary oral rounds were held in Punta Cana on May 11th, and final oral rounds on Thursday, May 11, 2022.  The winner was Pontifical Catholic University of Chile, represented by Gabriela Garcia, Felipe Martinez and Margarita Herrera and their faculty advisor Rodrigo Fernandez.  The Universidad Nacional Autonoma de Mexico (last year’s winner) came in second place and won both best memorial and best oralist.  

The other regional competitions also posted successful matches, including 30 teams competing in the Asia-Pacific round on June 23-25, 2022 in Indonesia. The regional organizer, Adi Kusumaningrum, and the assistant regional organizer, Ms. Fransiska Ayulistya Susanto, coordinated 29 Memorial Round Judges and 19 Oral Round Judges. Judges for the Final were Prof Zhao Yun, Upendra Dulal and Prof Steven Freeland, who judged the winner was the West Bengal Nation University of Juridical Sciences. The team was comprised of Sanyam Jha, Apurva Singhi and Diali Sahana. Gujarat National Law University was the runner up.

This year's European Rounds took place from March 22-28, 2022 in Vienna among 33 students representing 12 universities.  Regional Organizer Rosanna Hoffman provided 52 judges and 11 timekeepers to support the competition over three days of preliminary rounds and a fourth day of finals.  Thereafter, another day of semi-final rounds were judged by Armel Kerrest, Marco Ferrazzani, Maria del Carmen Munoz-Rodriguez, Gerhard Hafner, Alexander Soucek and Martha Mejía-Kaiser, who selected the University of Leiden, the Netherlands, and the National and Kapodistrian University of Athens, Greece, to proceed to the final round. Judges presiding over the final round, Joanne Irene Gabrynowicz, Sergio Marchisio, and Jenni Tapio, selected the University of Leiden, represented by Michael Gould and Gabriella Mifsud and coaches Dimitra Stefoudi and Miraslava Kazlouskaya, as the winner.

Of the 15 teams originally registered in the North American Regional Round, 11 teams ultimately competed in Washington D.C. on March 25-26, 2022. The preliminary, semi-final and final rounds were judged by a total of 35 Judges and conducted by the Regional Organizer, Nathan Johnson.  Judges for the final round, Christopher Johnson, Jessica Noble and Gabriel Swiney, selected as the winner George Washington University, represented by Evan Matsuda and Jonathan Clark (who also won best oralist) and their coach, Henry Hertzfeld. William & Mary Law School was the runner up.

The African round was hosted virtually by the South African Department of Trade, Industry and Competition on May 12-13, 2022.  Competing were 8 universities from Uganda, South Africa, Nigeria and Zimbabwe.  The Judges for the final round, Ikho Tshweza, Icho Kealotswe, and Maria Nonyana-Mokabane, selected Midlands State University (Zimbabwe), represented by Panashe Petronella Mujegu, Eunah Patricia Ndou and Namatai Nyasha Katsande and their coach Ntandoyenkosi Moyo, as the winner. Nigeria’s Babcock University was the runner-up.

All told, 81 teams registered and 67 competed across the world for a berth in the 31st Manfred Lachs Space Law Moot Court World Finals. The competition runs throughout the year and the finals portion started months ago with the grading of memorials by IISL members. This service is extremely important as the scores have downstream effects on the semi-final and final competitions. The memorials judges this year were Mark Sundahl, Catherine Doldirina, Phetole Sekhula, Dorota Englender, Kumar Abhijeet, Michael Dodge, Balázs Bartóki-Gönczy and Maria Ria Nonyana-Mokabane.

After the memorial scores were tabulated, two teams competed in a preliminary round to determine which would be seeded in the semi-finals. Latin America, Pontifical Catholic University of Chile and Africa, University of Zimbabwe Midlands State University pleaded on Thursday, September 8, 2022. Phetole Sekhula, Mark Sundahl and Melissa de Zwart presided as judges. ESA and ECSL offered their virtual platform to conduct the match remotely with the hard work of their staff – especially Rosanna Hoffmann and Hristina Talkova.  The winner of that round was the African team.

The IAC started early this year and, accordingly, the semi-finals were held on Sunday, September 18, 2022. The African team then competed in a Semi-final Round against the European champions, the University of Leiden.  Joanne Gabrynowicz, Olavo de Bittencourt Neto and Jenni Tapio presided as judges and declared as winner the University of Leiden.

The same day, a second semi-final round was held between the Asia-Pacific champion, West Bengal Nation University of Juridical Sciences and the North American champion, George Washington University.  Lesley Jane Smith, Catherine Doldirina and Melissa de Zwart presided as judges and declared the winner, George Washington University.
 
The University of Leiden as World Champions

Thus, the World Finals were held between George Washington University, on behalf of the Applicant, and the University of Leiden, on behalf of the Respondent on Tuesday, September 20, 2022.  The Finals were judged by three jurists on the International Court of Justice, Judge Xue Hanquin, Judge Peter Tomka (President) and Judge Georg Nolte. At the conclusion of the pleading and final deliberations, the judging panel decided the winning team was the University of Leiden and the best oralist was Evan Matsuda, from George Washington University.
 
The George Washington Team was the runner up.

The President of the IISL, Kai-Uwe Schrogl, presented the winning team, University of Leiden, with a cash prize, plaque, certificates and the Lee Love Award, named after a woman who had a renowned career at the UN reporting on the activities of COPUOS from the earliest days. The Runner-up team, George Washington University, was presented with a commemorative plaque and certificates.

The out-going chairman of the Moot Court Committee, Skip Smith, presented the award for Best Memorials, the Eilene Galloway Award, named in honor of a legend in space policy and law and a founding member of IISL, to the University of Leiden.

Co-chair, Les Tennen, presented the award for Best Oralist. The Sterns and Tennen award was originated in 1997 and sponsored by the late Patricia Sterns and Les Tennen and, along with a cash award, trophy plate and certificate, was presented to the person the judges of the ICJ selected as Best Oralist, Evan Matsuda.

The organizers for the regional rounds were also recognized, including Nomfuneko Majaja (Africa), Fransiska Susanto (Asia-Pacific), Nathan Johnson (North America), Rosanna Hoffmann (Europe) and Jairo Becerra and Laura Gamarra (Latin America).

Finally, the other Regional Champions that pleaded in the preliminary and semi-final rounds were recognized, including the University of Zimbabwe Midlands State University (Africa), West Bengal Nation University of Juridical Sciences (Asia-Pacific) and Pontifical Catholic University of Chile (Latin America).
 

IISL, IAA and IAF Conclude Major Report on STM

The International Institute of Space Law (IISL) notes with great satisfaction that the cooperative initiative between the International Academy of Astronautics (IAA), the International Astronautical Federation (IAF) and the International Institute of Space Law (IISL) to develop comprehensive approaches and proposals for Space Traffic Management (STM) set forth in 2018 has been successfully concluded and shall constitute a reference document on STM (Executive Summary available at: https://iisl.space/wp-content/uploads/2022/09/IAF-TC26-STM_EXECUTIVE-SUMMARY-17SEP2022-1.pdf).

The goal of the initiative was to produce a joint, collaborative document, which would assist the decision-makers on national and international level, to promote the safe use of outer space and identify areas in which actions are needed.

During a joint special session at the IAC in Paris on 17 September 2022, the Report was endorsed by the Presidents of the three organisations IISL (Kai-Uwe Schrogl), IAA (John Schumacher) and IAF (Pascale Ehrenfreund). At this event, Maruška Strah, Co-Chair of the IISL Space Traffic Management Working Group, emphasized the importance of the interdisciplinary, collaborative work between experts in technical and legal aspects of STM, which must go hand-in-hand. Among key recommendations of the document is to encourage states to adopt standards to promote some level of harmonization in terms of safety measures.

IISL recognizes that the subject of STM will continue to evolve. The Institute will continue supporting and working with the IAF and IAA on the topic, providing the necessary legal and policy expertise relevant to STM.

Special thanks go to Diane Howard, former IISL STM Working Group Chair for her contributions to this initiative and to Tanja Masson-Zwaan and Maruška Strah for the coordination of the IISL contribution to the final document, to which over 130 members from the IAA, IAF and IISL contributed over the course of four years.

The IISL-IAA-IAF Team Presenting the STM Report
MEMBER NEWS
Board member Steven Freeland spoke at the Dubai Future Forum at the  Museum of the Future.  He participated in a panel titled 'Is this the Demise of Law as We know It?' In which he used the international legal frameworks for space as an example to emphasize that, at its fundamental level, law is about how we survive and relate as a community and will always be a necessary element in any society,
 
Steven Freeland
 

IISL Executive Secretary P.J. Blount and webteam member Laetitia Cesari Zarkan both participated in the Observer Research Foundation's CyFy 2022 in Delhi, India.  Blount participated on a panel on Space Traffic Management, and Zarkan participated on a panel in the UN OEWG. Presentations from the conference are available at: https://www.youtube.com/playlist?list=PLHu-cm5A_l83MMqmqJVrKvlg62c-NMS3J

 
Remember to send in your member news to keep the space law community informed about your professional successes!!
 
Remember you can make a donation to the IISL 
through the PayPal button on the IISL Website. 
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